Southern District

Dittenber v. Brown (In re Brown)

Debtor's ex-husband (creditor), initiated this adversary proceeding by filing a Complaint to Determine Dischargeability of Debt. The creditor asserted that pursuant to 11 U.S.C.S. § 523(a)(15), debtor's obligations under a Divorce Agreement and a Contempt Agreement were nondischargeable. Before the court was his Motion for Summary Judgment. Debtor did not file a response to the motion.
Ruling: 
Debtor's obligation under divorce agreement to indemnify and hold spouse harmless was nondischargeable although underlying obligation to creditor was dischargeable.
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Consumer case opionion summary, case decided on March 14,2013, LexisNexis #0513-052

Gordy v. Stafford (In re Gordy)

Chapter 7 debtor filed a complaint against defendant, an attorney who represented his ex-wife in a divorce proceeding, alleging that she violated the automatic stay, 11 U.S.C.S. § 362, in connection with a contempt action against him in state court. The debtor amended his complaint to join his ex-wife as a defendant. His ex-wife moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P. 7012.
Ruling: 
Debtor's former spouse was not liable for alleged stay violations by divorce attorney.
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Consumer case opionion summary, case decided on March 12,2013, LexisNexis #0413-075

In re DAntignac

Chapter 13 debtor filed a motion to reopen her bankruptcy case pursuant to 11 U.S.C.S. § 350. The debtor's former employer objected.
Ruling: 
Debtor could not reopen chapter 13 case to administer previously undisclosed employment discrimination claim.
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Consumer case opionion summary, case decided on February 19,2013, LexisNexis #0313-069

In re Zow

A chapter 7 debtor filed an emergency motion for permission to proceed in forma pauperis under 28 U.S.C.S. § 1915 on his appeal of an order denying his motion seeking a bankruptcy judge's disqualification.
Ruling: 
Permission for chapter 7 debtor to proceed in forma pauperis denied given evidence of ability to pay.
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Consumer case opionion summary, case decided on February 01,2013, LexisNexis #0513-069

Meredith v. Roberts (In re Roberts)

Debtor filed a petition under chapter 7 of the Bankruptcy Code in 2011, and after his case was converted to one under chapter 13 of the Bankruptcy Code, the court confirmed the debtor's chapter 13 plan. The chapter 13 trustee moved for an order dismissing the debtor's case after he learned that the debtor failed to disclose approximately $20,000 in income that was earned by his wife. The court held a hearing on the trustee's motion.
Ruling: 
Chapter 13 case dismissed with prejudice due to debtor's failure to disclose spouse's income.
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Consumer case opionion summary, case decided on January 24,2013, LexisNexis #0313-100

In re Jerath Hospitality LLC

Chapter 11 debtor submitted its proposed plan for confirmation. The proposed plan would pay the obligation owing to the state department of revenue's claim amortized over forty-eight monthly installments with a lump sum payment due prior to the sixtieth month following the petition date. The department of revenue filed an objection to the plan.
Ruling: 
Bankruptcy Code language requiring "regular payments" under plan did not preclude balloon payments.
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Commercial case opionion summary, case decided on December 18,2012, LexisNexis #0113-030

Boudreaux v. Sheffield (In re Sheffield)

Citing 11 U.S.C.S. § 363(h), movant, the chapter 7 trustee for debtor daughter, asked the court to authorize a forced sale of a residence in which debtor had a remainder interest. The co-owners of the residence were debtor's parents. At issue was whether the benefit to be realized by debtor's estate upon such a sale outweighed the detriment to her parents.
Ruling: 
Court denied motion for sale of residence where detriment to holders of life estate outweighed benefit to estate of debtor holding remainder interest.
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Consumer case opionion summary, case decided on December 14,2012, LexisNexis #0113-066

ClearOne Communs. Inc. v. Bowers (In re Bowers)

Chapter 7 debtor filed a motion for sanctions pursuant to 11 U.S.C.S. § 362(k) and Fed. R. Bankr. P. 9011 against a creditor and objected to the trustee's final report and application for compensation addressing proposed distributions to the creditor.
Ruling: 
Creditor's pursuit of sanctions against third parties and surveillance of debtor as research for service of process did not violate stay.
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Consumer case opionion summary, case decided on December 10,2012, LexisNexis #0113-008

Thompson v. Barbee (In re Barbee)

Plaintiff creditors sought a denial of discharge of all of the debtor's obligations pursuant to 11 U.S.C.S. § 727(a)(4)(A), and alternatively sought a determination that a $100,000 loan from the creditors to the debtor was non-dischargeable pursuant 11 U.S.C.S. § 523(a)(2)(A), (4) and (6).
Ruling: 
Loan debt was nondischargeable due to debtor's fraudulent misrepresentation that he would use receivables to repay creditor.
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Consumer case opionion summary, case decided on September 25,2012, LexisNexis #1212-081

In re McClendon

The ex-wife of a chapter 13 debtor filed a proof of claim for child support arrearages and then filed an objection to confirmation of the plan.
Ruling: 
Confirmation denied where domestic support obligation payment exceeded scheduled plan payment.
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Consumer case opionion summary, case decided on September 17,2012, LexisNexis #1012-031

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